Research On The Judical Application Of The Work-relatead Injury That Dead In 48 Hours

In 2003,the former Ministry of Labor and Social Security formulated the "Work Injury Insurance Regulations." After so many years of implementation,the "48-hour death due to sudden illness" clause has been controversial and frequently seen in public opinion.In 2010,the former labor and social security department revised the "Work Injury Insurance Regulations".This regulation has not been perfected after the revision.Therefore,there is no relatively uniform applicable standards and implementation rules.In addition,cases in law enforcement and judicial practice are complex.Therefore,in identifying specific cases of industrial accidents,the understanding and application of this law has encountered various difficulties,and there have been ethical and moral chaos that "family members are desperately saving the dead,and the unit is desperately burying the living." Due to the lagging nature of the legal provisions,the legal provisions cannot cover all the situations that occurred in the case.However,when applying laws and regulations,the laws and regulations can be interpreted correctly,so as to achieve the purpose of fair judgment.Therefore,through analysis of a large number of cases,this article proposes to first identify and correct the essence of the 48-hour clause,enhance the proportion of "work relevance" in the determination of work-related injuries in the 48-hour clause,and secondly clarify the requirements such as job positions and working hours.The connotation and denotation of "48 hours" time limit,the "death" standard,and the rationality of the "sudden" of sudden diseases are re-examined.This article also proposes the establishment of quantitative indicators in the judgment of work relevance,and also proposes the establishment of a tiered treatment mechanism of "emergency diseases without death",and draws on the innovative service mechanism of Jiading District,Shanghai.These measures help to gradually establish evaluation standards for such work-related injury cases in legal practice,and provide guidance for guiding labor administrative departments and courts in adjudicating such cases,so as to reduce unnecessary excessive differences in case judgments and improve work-related injuries.The quality of certification and the efficiency of handling cases.